Judge: Lisa R. Jaskol, Case: 22STCV22348, Date: 2024-02-23 Tentative Ruling

Case Number: 22STCV22348    Hearing Date: February 23, 2024    Dept: 28

Having considered the documents submitted in support of a default judgment, the Court rules as follows. 

BACKGROUND 

On July 12, 2022, Plaintiff Keith Gibson (“Plaintiff”) filed this action against Defendants Craig R. Casner, individually and as Trustee of the Casner Family Trust (“Casner”), Sean Coniff (“Coniff”), Vince Solomon (“Solomon”), and Does 1-100 for battery, negligence, and premises liability.  Plaintiff also filed a statement of damages. 

On September 16, 2022, Casner filed an answer.  On June 23, 2023, the Court dismissed Casner with prejudice at Plaintiff’s request. 

On December 29, 2022 and June 8, 2023, Plaintiff filed proofs of service showing personal service on Solomon of the summons, complaint, statement of damages, and other documents on October 10, 2022. 

On June 9, 2023, the clerk entered Solomon’s default. 

On July 11, 2023, Coniff filed an answer and a general denial.  On November 22, 2023, the Court dismissed Coniff without prejudice at Plaintiff’s request. 

On February 13, 2024, the Court dismissed the Doe defendants without prejudice at Plaintiff’s request. 

On February 8, 2024, Plaintiff filed a request for default judgment.

PARTY’S REQUEST 

Plaintiff requests that the Court enter a default judgment against Solomon and award Plaintiff $1,024,821.12, consisting of $1,000,000.00 in general damages, $24,216.24 in special damages, and $604.88 in costs. 

LEGAL STANDARD 

A.   Default judgment 

“[With exceptions that do not apply here,] [a] party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100) . . . The following must be included in the documents filed with the clerk: 

“(1)  Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim; 

“(2)  Declarations or other admissible evidence in support of the judgment requested; 

“(3)  Interest computations as necessary; 

“(4)  A memorandum of costs and disbursements; 

“(5)  A declaration of nonmilitary status for each defendant against whom judgment is sought; 

“(6)  A proposed form of judgment; 

“(7)  A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; 

“(8)  Exhibits as necessary; and 

“(9)  A request for attorney fees if allowed by statute or by the agreement of the parties.” 

(Cal. Rules of Court, rule 3.1800(a).) 

B.   Damages 

          “Where a cause of action is stated in the complaint, plaintiff merely needs to introduce evidence establishing a prima facie case for damages.”  (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 5:213.1, p. 5-56 (Cal. Practice Guide), citing Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361 [trial court erred in applying preponderance of the evidence standard].) 

          The relief granted to a plaintiff upon entry of a defendant's default cannot exceed the amount demanded in the complaint or, for personal injury cases where damages may not be stated in the complaint, the amount listed in the statement of damages. (Code Civ. Proc., §§ 580, subd. (a), 585, subd. (b).) “The notice requirement of section 580 was designed to insure fundamental fairness.” (Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, 494 (Becker).) The statute insures that “defendants in cases which involve a default judgment have adequate notice of the judgments that may be taken against them. [Citation.] ‘If a judgment other than that which is demanded is taken against him, [the defendant] has been deprived of his day in court—a right to a hearing on the matter adjudicated.’ ’’ (Id. at p. 493.) A trial court exceeds its jurisdiction if it awards damages in excess of the amount specified in the complaint or statement of damages. (Id. at p. 494; see Cal. Practice Guide, supra, ¶ 5:258, p. 5-70.) 

DISCUSSION 

Plaintiff has submitted a complete default judgment application with supporting evidence.  

Plaintiff’s statement of damages listed $24,215.00 in medical expenses.  Plaintiff’s CIV-100 form requests $24,216.24 in special damages.  The Court will grant the amount listed in the statement of damages. 

The Court grants the application and enters judgment for Plaintiff for $1,024,819.88. 

CONCLUSION 

The Court GRANTS Plaintiff Keith Gibson’s application for default judgment against Defendant Vince Solomon filed on February 8, 2024 and awards Plaintiff Keith Gibson $1,024,819.88.

Plaintiff is ordered to give notice of this ruling.